A Step Towards Fair Pharmacy Practices in Arkansas
The Role of Rule 128 in Arkansas
Rule 128 is a crucial regulation aimed at overseeing Pharmacy Benefit Managers (PBMs) in Arkansas. The Emergency Rule 128 passed the Arkansas Legislative Council on September 20th, 2024. However, it is currently temporary and set to expire on January 18. For a sustainable solution, it needs approval from the Insurance & Commerce Committee, Rules Committee, and ALC Committee. Without this approval, reimbursement rates could revert to levels that are inadequate for community pharmacies.
Key objectives of Rule 128 include:
- Mandating Transparency and fair compensation practices
- Enforcing the 2018 PBM Law
- Addressing Illegal Underpayments and Overpayments
- Holding Out-of-State PBMs Accountable to Arkansas laws
Current standing of Rule 128
Several major companies oppose Rule 128 and are writing letters of opposition. However, this regulation is essential for promoting equity in our healthcare system and ensuring that community pharmacies receive fair treatment.
Key Actions for Stakeholders
- Filing PBM Complaints: If claims have been reimbursed below the NADAC rate plus $10.50 (excluding federal plans like Medicare, Tricare, or Federal Employees), stakeholders can fill out an online complaint form. Highlighting issues with PBM reimbursements can help illustrate the need for regulatory changes. The complaint form is available here: Arkansas Insurance PBM Department.
- Engaging with Legislators: It’s important for community members to engage with their state legislators about the ongoing challenges posed by PBMs. Many PBMs currently violate the PBM Licensure Law (code 23-92-506) by underpaying community pharmacies and making excessive payments to their affiliate pharmacies. Encouraging legislators to follow up with the Arkansas Insurance Department (AID) can support the ongoing push for a permanent Rule 128 and ensure that the 2018 PBM Law is fully enforced.
Staying Informed and Engaged
Anyone invested in the future of pharmacy practices in Arkansas should understand the implications of Rule 128. To learn more about local legislators and their positions, visit: Find Your Legislator.
Supporting fair pharmacy practices benefits everyone, contributing to a more equitable healthcare system for the community. Thank you to everyone who helped support the passage of Emergency Rule 128. We hope you will continue to support efforts to create a permanent legislation in Arkansas.
